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John Marshall
Chief Justice of the Supreme Court from 1801-1835
What was john marshall
a federalist
what did John Marshall believe in
national supremacy, economic growth, independence and power of judicial branch
Marbury Vs. Madison issue
judicial review, partisan politics
Marbury vs. Madison background
Federalist congressmen passed the Judiciary act of 1801. Adams (federalist) appointed “midnight judges”, but Jefferson (DR) didn’t deliver comissions. Marbury sued for his job
Marbury vs. Madison outcome
Supreme court established its power of judicial review over president and congress. Marbury didnt get the job. This case was the most important precedent
Fletcher vs. peck
contact law. Georgia legislature granted lands to ppl who gave bribes. New Georgia legislature canceled deal after election. Supreme Court held up land grants. Sanctity of contacts. Victory of “wealth and privelage” over “mob”
Dartmouth college vs. woodward
contract law. Dartmouth was created by a royal charter from King George III. NH tried to place the college under state control. Supreme court ruled that the charter stays. Sanctity of contracts. government shouldn’t interfere with private interprises
McCulloch vs. Maryland
National supremacy, interstate commerce, national bank. Maryland hated the national bank, so it imposed a tax on the bank’s branch in Maryland. National bank is constitutional under elastic clause. Maryland cant be given the power to tax the national government. Established national supremacy over the states
Cohens vs. Virginia
Federal jurisdictions over the states. Cohens were convicted in Va for selling illegal lottery tickets. Cohens appealed the state convictions through the federal courts. Supreme Court asserted its power to review state court decisions.
Gibbons vs. Ogden
Interstate commerce. Gibbons and Ogden had competing steamboat companies that ferried goods from state to state. Ogden, who had the exclusive NJ state monopoly license, sued in order to shut down Gibbons, who had a federal license. Only the federal government may regulate interstate commerce. National supremacy over the states. Gibbons won
Cherokee nation vs. Georgia
Native American sovereignty. U.S. constitution failed to clearly define relationship between tribal governments and federal governments. Supreme Court ruled that tribes are “domestic dependent nations” with some rights but not complete sovereignty.
Worchester vs. Georgia
Native American sovereignty. Georgia passed Indian removal act to displace Cherokees and other tribes. Cherokees sued, arguing that Georgia had no jurisdiction. Supreme court ruled in favor of Cherokees. President Andrew Jackson ignored the courts decision: “John Marshall has made his decision, now let him enforce it.” Indians were removed along “the trail of tears” to Oklahoma reservations.